JAMES W. RUMPH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES W. RUMPH, APPELLANT,
STATE OF FLORIDA, APPELLEE
527 So. 2d 270
Florida District Court of Appeal, First District (1988)
Caution
Cited by 8 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. Appellant’s rule 3.850 motion is facially insufficient to raise any fundamental error. The procedural error complained of occurred during trial and should have been raised on appeal from the judgment of conviction.
SMITH, C.J., and JOANOS and ZEHMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Patton v. State, 878 So. 2d 368 (Fla. 2004)…sel should nonetheless have raised it. “A summary or conclusory allegation is insufficient to allow the trial court to examine the specific allegations against the record.” Ragsdale v. State, 720 So. 2d 203, 207 (Fla.1998); see also Rumph v. State, 527 So. 2d 270 (Fla. 1st DCA 1988) (finding appellant’s 3.850 motion facially insufficient to raise any fundamental error and that the procedural error complained of occurred during trial and should have been raised on appeal from the judgment of conviction). Like…
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H & A Frank's Constr., Inc. v. Mendoza, 582 So. 2d 780 (Fla. 1st DCA 1991)…ars that the JCC has overlooked or ignored evidence in the record. Buro v. Dino’s Southland Meats, 354 So. 2d 874 (Fla.1978); Curry v. Miami Dolphins, Ltd, 522 So. 2d 1010 (Fla. 1st DCA 1988); South v. Heartland Employment & Training Administration, 527 So. 2d 270 (Fla. 1st DCA 1988). In the instant case, it is obvious from the order that the JCC did not overlook or ignore the deposition testimony of Dr. Brito, Dr. Katzell, Dr. Tronzo and Dr. Poliak; however, the JCC’s reasons for accepting Dr. DiMarco’s tes…
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Jefferson v. Wayne Dalton Corporation/Hartford, 793 So. 2d 1081 (Fla. 1st DCA 2001)…z, 592 So. 2d at 1170. Dr. Doheny testified both that Mr. Jefferson’s back injury was the cause of his pain and depression, and that it “would make it impossible for him to work in any capacity.” See South v. Heartland Employment & Training Admin., 527 So. 2d 270, 271-72 (Fla. 1st DCA 1988) (reversing where judge of compensation claims failed to credit claimant’s psychiatrist’s testimony that he doubted whether claimant would ever return to a productive capacity if he did not receive psychiatric treatment).…
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